I'm planning to launch a class action against Apple about MobileMe, anyone up for it?

[heller14]

I'm planning to launch a class action against Apple about MobileMe, anyone up for it?

I've suscribed to .mac one year ago. At the last upgrade before "mobileme" we've been forced to stop to use our family five OS9 Apple ibooks and B&W. Fair enough as they were old (but perfectly ok for our family use http://images.macrumors.com/vb/images/smilies/smile.gif and bad for our plannet to dump them http://images.macrumors.com/vb/images/smilies/blackapple.gif).

3 month ago I've bought a second-hand iMac with OSX 10.3.9 for my wife to have an access to this 1st new .mac version by replacing her beloved ibook (orange shell). Great ! or sort of:

About 2 weeks ago we've been forced to "upgrade" our .mac to this "mobileme" thing http://images.macrumors.com/vb/images/smilies/eek.gif without anyone asking if we wanted this "upgrade " in the first place ! this new "mobileme" email doesn't work on My wife "new" iMac with a system (OS 10.3.9) only 3 years old ! it is a disgrace.

So are we going to be forced to buy a brand new Apple computer to be able to use our email on a .mac account we already paid for ??? I am afraid yes.

In Europe were we're living it is unlawfull to:
1/ breach contracts (.mac)
2/ force people to buy what they do not want: Mobile Me, OS 10.5 or a new Apple computer.

As a 20 years old Apple good customer and fan I am very upset by the way Apple is treating us and I am sure I am not the only one.

And "oups" I forgot: my .mac account is supposed to be renewned in 6 days, WHERE ARE THE 30 DAYS FREE EXTENSION APPLE PROMISED ???


I WANT MY .MAC BACK !
I'VE PAID GOOD MONEY FOR IT AND I DON'T WANT THIS "IMMOBILISE ME" THING !http://images.macrumors.com/vb/images/smilies/mad.gif

If necessary I will go to court to have my customer rights back ! and I hope some of other customers will do the same if Apple doesn't scale back. If there is a class action filed somewhere against Apple, just let me know, THANKS. This is the only support I will need from now on.

Signed: A futur gmail user and PC/Linux customer.
Joel

PS: don't google "complain + apple" = you will get nothing concerning Apple customers real complaints, you'll only get an Apple diversion against a cloning firm. http://images.macrumors.com/vb/images/smilies/cool.gif

 

[davidjearly]

About 2 weeks ago we've been forced to upgrade our .Mac to this MobileMe thing, without anyone asking if we wanted this upgrade in the first place! This new MobileMe email doesn't work on my wife's new iMac with OS 10.3.9, which is only 3 years old! It is a disgrace.

Wrong. You were not forced to install the MobileMe update.

So are we going to be forced to buy a brand new Apple computer to be able to use our email on a .Mac account we already paid for??? I am afraid yes.

Wrong. Your mail services under MobileMe will continue to work fine under 10.3.9, and you will still be able to publish sites using iWeb, and use iDisk in Finder.

You will not be able to use some services offered by MobileMe, but you still do not have to purchase a new Mac. You simply need to upgrade to OS X 10.4 Tiger or OS X 10.5 Leopard.

In Europe were we're living it is unlawfull to:
1. Breach contracts (.Mac)
2. Force people to buy what they do not want: Mobile Me, OS 10.5 or a new Apple computer.

No contract has been breached, and you do not have to purchase MobileMe, Leopard or a new Mac if you do not want to. You can not expect Apple to continue to support an Operating System which is now 2 years out of date. I'm sorry if you want technology to stagnate, but I'm glad Apple continue to push forward.

If necessary I will go to court to have my customer rights back! I hope some of other customers will do the same if Apple doesn't scale back.

That's not going to happen I'm afraid. A court will laugh at you.

Signed: A futur gmail user and PC/Linux customer.
Joel

Tip: Claiming that you will switch to another platform is unlikely to initiate a positive response from either Apple Support, or anyone here.

David

 

[MacBoobsPro]

Im pretty certain that within the .mac terms of agreement that there will of been an "Apple reserves the right to change/upgrade the service at anytime" statement. So Im pretty sure they havent breached any laws, however your point about being forced to upgrade to be able to continue to receive the service is interesting as you have no choice but to upgrade.

 

[Much Ado]

You weren't forced to buy 10.5, or a new computer though.

I can't run PS3 games on my PS1, for example.

 

[netdog]

I see this one going a long way...

 

[MMR]

Oh come on, Apple have made a few mistakes and you want to nail there arse to the floor, they have just rolled out a huge update and it didn't go quite to plan, they are working really hard sort it out, there is no need to beat up on them, I am sure they are beating up upon them selves enough, they didn't want this, they didn't do it on purpose, this is all hard stuff to pull together, they will be learning from it.

You can bitch about a few days of no service, or you can realize without Apple we would have none of this stuff, Apple have given a lot and taken some very big risks in order to push innovation, can't we just be a little more patient and supportive, and realize just how much Apple are giving us, OK we pay for these things, but we pay because we love to have these things, without Apple we wouldn't have the option, things would be a lot less exciting without Apple, can't we just give them a break and just accept things sometimes don't go completely to plan.

I have to say without Apple I would be in a very different place, my whole business revolves around Apple products, and my home life also is enhanced by Apple products, the Addition of the iphone is changing my whole way I do business, and yes I use MobileMe for my business, and I have my own domain and hosting setup elsewhere as well, but MobileMe gives me so many possibilities, and yes I do trust it, I have been with .Mac for four years and its very rarely had any problems, I have found it to be well worth my money, and MobileMe is IMO a brilliant upgrade.

I guess I'm just saying Apple have had a bit of a hard learning curve, why can't we just be a bit tolerant and wish them the best, because I for one think Apple is a wonderful company, I love what they put out, it has truly changed mine and many peoples lives and work flow, they have come a really REALLY long way over the last five years and changed society, changed the music business, the film business, and so much more, the Iphone is truly revolutionary, and is the beginning of some huge changes for us all, changes that would have taken many more years without Apple, Lets just get some perspective and stop being so miserable.

 

[heller14]

Im pretty certain that within the .mac terms of agreement that there will of been an "Apple reserves the right to change/upgrade the service at anytime" statement. So Im pretty sure they havent breached any laws, however your point about being forced to upgrade to be able to continue to receive the service is interesting as you have no choice but to upgrade.

Yep !

But it is a different matter around there in Europe. You cannot change the name of the service AND the service and talk about just "changes/upgrades".

The service description i've subscribed to (.mac) one year ago was specifically saying that I only needed a OSX 10.9.3 not more and I've got all the necessary screen captures and so on... to go to court.

Oups and just one thing: it happens that I work for the European Institutions, (you know, the one who gave nightmares to Bill Gates a few years ago) for the departement of industry & commerce, customers section... I'm sure it will help.

 

[davidjearly]

As this thread is effectively a double-post of what you wrote here, you can see my response to your claims here.

 

[OllyW]

Your subscription runs out in 6 days time.

If you are not happy with the service, don't renew it. Simple.

 

[heller14]

Oh come on, Apple have made a few mistakes and you want to nail there arse to the floor, they have just rolled out a huge update and it didn't go quite to plan, they are working really hard sort it out, there is no need to beat up on them, I am sure they are beating up upon them selves enough, they didn't want this, they didn't do it on purpose, this is all hard stuff to pull together, they will be learning from it.

I myself am a 20 years old Apple customer,
I myself thought Apple as "a wonderful company"
And I myself love what they put out,
And, it has truly changed mine and many peoples lives and work flow,

OK, but open your eyes dude:
If I want my OS or my computer to be obsolete after only 3 years (OSX 10.3.9) so what the point to choose an Apple computer twice a PC price ?
I'm better off with a Linux/PC

And you just don't get my point:
What they are doing is just UNLAWFULL
You wouldn't say the same if it was from Microsoft, i'm sure. Just love blindeness (As an ex Apple promoter and fan, i know what it is)

So wake up mate ! come back from fairy land, Steve is here to conquer and take no prisonner, just like Bill.

You will see in 2 or 3 years time when you'll have to dump your nicey 2008 Apple computer/ iphone etc... because it is not "compatible" anymore with a new immobilise me.

If it was only 10 days interuption of service I wouldn't even take the time to moan about this. Forget it !

Cheers

Joel

 

[Much Ado]

Do what Olly said an just don't renew your subscription.

 

[alFR]

From the TOS (emphasis mine):

Apple reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Apple may post on our website and/or send email to your MobileMe account, notice of such changes to the Service. It is your responsibility to review our website and/or check your MobileMe email address for any such notices. You agree that Apple shall not be liable to you or any third party for any modification or cessation of the Service.

and

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, APPLE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

and from the old .mac TOS:

Subject to any specific license agreements for various .Mac software features (including third party software), Apple may change, suspend or discontinue any (or all) aspects of .Mac at any time, including the availability of any .Mac feature. Apple may also impose limits on the use of or access to certain features or portions of .Mac, or restrict your access to any part or all of .Mac, in all cases without notice or liability.

Good luck with the lawsuit, let us know how that turns out.

 

[heller14]

Wrong. You were not forced to install the MobileMe update.

WRONG: after 6 days interruption of service I was directed to mobileme, not my .mac. I didn't install anything new on my macs and as a 20 years old mac user I know what I'm doing mate.

[/QUOTE]Wrong. your mail services under MobileMe will continue to work fine under 10.3.9, [/QUOTE]

WRONG: It just doesn't work come homoe you'll see by yourself!

[/QUOTE]You will not be able to use some services offered by MobileMe, but you still do not have to purchase a new Mac. You simply need to upgrade to OS X 10.4 Tiger or OS X 10.5 Leopard.[/QUOTE]

WRONG: OS X 10.4 Tiger or OS X 10.5 Leopard are not free, I will have to PAY good money for that !

[/QUOTE]No contract has been breached, and you do not have to purchase MobileMe, Leopard or a new Mac if you do not want to. You can not expect Apple to continue to support an Operating System which is now 2 years out of date. I'm sorry if you want technology to stagnate, but I'm glad Apple continue to push forward.[/QUOTE]

WRONG: I've purchased .mac and I cannot use it anymore, simple !

[/QUOTE]That's not going to happen I'm afraid. A court will laugh at you.[/QUOTE]

WRONG: YOU lough at me, in a European court it will be a different matter my friend.

[/QUOTE]Tip: Claiming that you will switch to another platform is unlikely to initiate a positive response from either Apple Support, or anyone here.[/QUOTE]

I do not have any response from Apple to my numerous emails and my lawyer ones.

david did you received your pay chek from Apple ?

 

[arkitect]

Hell hath no fury like an Apple fanboi scorned, eh?

I don't understand how intelligent people can allow themselves to be taken in by huge corporations' PR (of which Apple is a master) and then cry foul and vergogna when they find out that the object of their worship really is only a huge faceless corporation only accountable to shareholders…

Your subscription is up in a few days. Don't renew it.
Comes October when my subscription is up for renewal I will not renew if MobileMe is not up to scratch.
Simple.

Wailing on a messageboard and threatening action really doesn't help half as much as actually going out and instigating a legal process — but that I fear isn't the real object.

 

[heller14]

As this thread is effectively a double-post of what you wrote here, you can see my response to your claims here.

David (macrumors Demi-God), thanks for the nice pictures and seeing that you also receive some good money from Apple:

http://www.davidjearly.com/DJE/Blog/Blog.html

PS: see my answer to yours:
https://forums.macrumors.com/showthread.php?p=5886038#post5886038

 

[davidjearly]

WRONG: after 6 days interruption of service I was directed to mobileme, not my .mac. I didn't install anything new on my macs and as a 20 years old mac user I know what I'm doing mate.

Yes, and MobileMe offers you the same Mail interface you got with .Mac. You clearly do not know what you are doing, or if you do, you are just very bad at writing about it.

WRONG: It just doesn't work come homoe you'll see by yourself!

Yes, it does. I have MobileMe Mail working just fine here on 10.3.9, both in the web browser and in the Mail application.

WRONG: OS X 10.4 Tiger or OS X 10.5 Leopard are not free, I will have to PAY good money for that !

Yes, you will need to buy Tiger or Leopard to get the benefit of all of MobileMe's features, but you will not 'be forced to buy a brand new Apple computer' as you previously claimed.

WRONG: I've purchased .Mac and I cannot use it anymore, simple!

Yes, you can still use many of the features, as I mentioned previously. If you are having an individual problem contact Apple Support. In addition, it is stated in the terms of service (which you agree to during purchase) that Apple have the right to change or remove any .Mac service (now MobileMe) at any time.

WRONG: YOU lough at me, in a European court it will be a different matter my friend.

I live in Scotland, which makes me British, which in turn makes me European. I can assure you, that a European court will laugh at you as you have no rights over this service. This was something you agreed to when you purchased .Mac, and something which other posters have highlighted to you in a different thread.

 

[KiwiLee]

No sadly, much as i wish you all the best luck in the world. Even in a European court you still wouldnt get past the door, Apple have broken no laws and still well within there rights of there own terms.

It would be more likely for the courts to laugh at you (well all us users) for signing (or ticking the agree box) on a contract that states "we can turn off the service at any time without warning". I mean even i feel an idiot now agreeing to a legal contract for a service i am paying for, where the contract allows them to turn it off anytime. Feeling stitched up?

And i know it feels fun to quote "in Europe my friend" to the those that may be in US, but there's many many of us from Europe and we know the same will apply there too. As i from UK and worked in legal department for 18yrs before i moved recently here down-under i can assure you professionally that you dont have any argument a court would entertain, and any lawyer saying you do is ripping you for money my friend!

 

[davidjearly]

Your points about Apple's pictures on my website are mute. Those are called affiliate ads. I'll not attempt to explain that concept to you.

Now, you claim that you work for "European Institutions", whatever that may mean. I would like to ask then, why your posts are so terribly constructed and why you fail to understand that you have no case to take Apple to court (in any country).

 

[MMR]

OK, but open your eyes dude:
If I want my OS or my computer to be obsolete after only 3 years (OSX 10.3.9) so what the point to choose an Apple computer twice a PC price ?
I'm better off with a Linux/PC
Joel

My eyes are open thank you, and to move forward and innovate may require
older equipment to not work with the latest stuff, so what? your mac and OS are not obsolete as you say, because you can continue working and using it just the same as when you first brought it, and as you say if you feel so strongly then stop using the mac and get a wonderful PC, I personally buy a new mac every 18 to 24 months, and am happy to do so, for you to say your comp an OS is obsolete makes you sound like an ass, why not just go and earn some money and keep up, or would you just rather bitch at other people who are actually changing the way we run our lives, because you think you could do better, IN YOUR DREAMS, and if I'm wrong then good luck to you, I look forward to see what you can do, There are so many injustices in the world, so many good causes to fight, and you want to bitch at Apple, the one company that is doing things, not just following, but getting in there, being a real player.

And you just don't get my point:
What they are doing is just UNLAWFULL
You wouldn't say the same if it was from Microsoft, i'm sure. Just love blindeness (As an ex Apple promoter and fan, i know what it is)
Joel

No I don't get your point because I don't think you really have one, Microsoft would never been in this situation because they would never have done any of it anyway, they are a grey company, I can assure you I don't have Love blindness, I just see it as it is.

So wake up mate ! come back from fairy land, Steve is here to conquer and take no prisonner, just like Bill.
Joel

First I'm not your Mate and second I don't live in Fairy land, it sounds like you do tho, Apple and steve are here to innovate and build a secure company, they are doing both very effectively, I have great respect for what they have achieved, you sound very immature and naive to me, if Apple take there foot of the pedal for one moment the sharks will eat them alive, they have to maintain momentum or die, it’s a harsh business world out there and easy for you to sit there making judgments, but out there in the thick of it you don't get the luxury of making every single person happy, you have to just keep looking forward.

You will see in 2 or 3 years time when you'll have to dump your nicey 2008 Apple computer/ iphone etc... because it is not "compatible" anymore with a new immobilise me.
Joel

I look forward to it, and I hope it doesn't take three years, I would be disappointed if it wasn't so.

 

[heller14]

Hell hath no fury like an Apple fanboi scorned, eh?

I don't understand how intelligent people can allow themselves to be taken in by huge corporations' PR (of which Apple is a master) and then cry foul and vergogna when they find out that the object of their worship really is only a huge faceless corporation only accountable to shareholders…

Your subscription is up in a few days. Don't renew it.
Comes October when my subscription is up for renewal I will not renew if MobileMe is not up to scratch.
Simple.

Wailing on a messageboard and threatening action really doesn't help half as much as actually going out and instigating a legal process — but that I fear isn't the real object.

>Hell hath no fury like an Apple fanboi scorned, eh?

You're absolutly right mate ! shame on me, 20 years living in fairy land, it hurts when you wake up

> I don't understand how intelligent people can allow themselves to be taken in by huge corporations' PR

I had the choice with other webmails like Hotmail (Microsoft), gmail (Google and their grip on your privacy...) etc...
Thought it was the less worst af all evils at this time... my mistake ! we were a lot to trust Apple CSR (Corporate Social Responsability)

>Your subscription is up in a few days. Don't renew it.

Thanks for the tip, I've already decided to not renew this useless thing, but I'm also going to buy some Apple shares instead ...seems that they taking the right steps to squeez their good customers.

>going out and instigating a legal process

On a more serious level, that process is already ongoing: we are compilling evidences in a file in the Legal deptmts offices of our European Institutions here in Brussels. We really do love these American arrogant companies, they are full of cash to spend to keep an access to our market. Only the American customers will not be protected by our own legals actions...

So, very soon you will be able to register your complaints against Apple on a new website to be lauched in order to collect evidences.

By now !

 

[KiwiLee]

Heller,

Your posts are indeed very odd. I mean when your having a discussion with somebody is there a need to "check them out" on there own sites, and quote there forum title (which btw is automated and not chosen i would imagine) as if its a weapon against someone? Can you not have an adult discussion without such tactics?

People are kindly offering you advice, and based on professional experience i agreed that you have no leg to stand on at all legally. So why jump down other forum members throats?

And in answer to your topic title, NO, i would doubt anybody is "up for it" as its a crazy idea that has about a -1% chance of even making it to a courts admin office.

OH, and in case you think i am praising Apple or MobileMe? Mine hasn't worked since day one, and i have an ongoing complaint about it going on with a PR executive, so i agree right now MobileMe is useless to me, but either way i don't think they done anything illegal or think getting all legally threatening will help!

 

[alFR]

On a more serious level, that process is already ongoing: we are compilling evidences in a file in the Legal deptmts offices of our European Institutions here in Brussels.

Yeah, I'll just bet you are.

 

[MacBoobsPro]

Good luck with the lawsuit, let us know how that turns out.

I couldnt be arsed to dig out the TOS but upon reading it I think the OP has nothing.

 

[DeaconGraves]

On a more serious level, that process is already ongoing: we are compilling evidences in a file in the Legal deptmts offices of our European Institutions here in Brussels. We really do love these American arrogant companies, they are full of cash to spend to keep an access to our market. Only the American customers will not be protected by our own legals actions...

So, very soon you will be able to register your complaints against Apple on a new website to be lauched in order to collect evidences.

By now !

And I'm sure that your legal department is glad that you are, publicly before charges are filed no less, announcing to the world your plans for suit. Doesn't sound smart (or authentic).

Also have fun collecting evidence gathered by you website and try to get that admitted into any court.

Sounds more like your collecting "stupid americans" to claim legal fees off of your failed suit.

 

[heller14]

Your points about Apple's pictures on my website are mute. Those are called affiliate ads. I'll not attempt to explain that concept to you.

Now, you claim that you work for "European Institutions", whatever that may mean. I would like to ask then, why your posts are so terribly constructed and why you fail to understand that you have no case to take Apple to court (in any country).

> Those are called affiliate ads,
Which translates into good money paid by Apple for you for the visits and/or business which goes to Apple from your website. Am i not right ???

Is there any different sort of money ???

> no case to take Apple to court
You'll see soon.